Unofficial Minutes of the Regular Meeting of the
City Council Of the City of Hot Springs
May 18, 2020
A regular meeting of the City Council of the City of Hot Springs, South Dakota, was convened on May 18, 2020 at 7:00 p.m. at the Mueller Civic Center with Mayor George Kotti presiding
Members Present: Ray Ecoffey, David Burris, Bill Lukens, Bob Nelson, Ron Richards, Alison Ritterbush, Craig Romey and Caitlin Turner
Staff Present: City Administrator John Gregory, Finance Officer Misty Summers-Walton, MCC Staff Chris Kattke and Airport Manager Ed Jensen
All actions recorded in these minutes were by unanimous vote unless otherwise stated.
Agenda: Moved by Ritterbush, seconded by Burris, to approve the agenda
Minutes: Moved by Romey, seconded by Burris, to approve the minutes from the 5/4/20 regular council meeting
Claims: Moved by Turner, seconded by Nelson, to approve the bills in between of $137,321.10
Bills In Between: May 18, 2020: City of Hot Springs, $21,410.70, General Payroll; City of Hot Springs, $9,062.55, Golf Payroll; City of Hot Springs, $9,658.05, Water Payroll; City of Hot Springs, $6,785.27, Sewer Payroll; City of Hot Springs, $5,067.21, Evans Plunge Payroll; City of Hot Springs, $15,841.78, Payroll Federal Deposit Deductions; Wellmark BC/BS, $31,849.06, Premium; Dearborn National Life, $130.20, Premium; SDRS, $16,972.74, Retirement Reporting; SDRS Supplemental, $320.00, Happe, Wainman, Summers-Walton Retirement Reporting; Fall River Sanitation, $13,555.41, Payments Collected; SD Dept of Revenue, $3,560.22, Sales Tax Reporting; Golden West, $1,898.65, Monthly Charges; ETS, $530.25, Golf Course Monthly Credit Card Processing Fee; Heartland Payment Systems, $212.42, City/Water Monthly Credit Card Processing Fee; Heartland Payment Systems, $24.34, EP Monthly Credit Card Processing Fee; Wells Fargo, $181.47, April Client Analysis Service Charge; Custer-Fall River Regional Waste Mgt, $240.78, Solid Waste Landfill Fees; Malcolm Clewley, $20.00, Refund Meter Testing Fee; Total: $137,321.10
Moved by Lukens, seconded by Richards, to approve the current claims of $17,442.09
Current Claims: May 18, 2020: A & H Truck Salvage, $275.00, 2 Wheel, Spare Tire; Ace Hardware, $353.72, Pipe, Sprinkler Valve, Bushing; B. H. Electric Coop, $94.05, 2 Thermostats, Heater Element; Black Hills Urgent Care, $50.00, 2020 Sap Annual Consortium Fee; Bomgaars Supply, $12.20, Bolts, Threaded Rod; Brown’s Repair, $623.78; 30 Mower Blades; Builders Firstsource, $152.58, 4 Bg Sand; Century Business Products, $383.37, April Printer Contract; Chamber Of Commerce, $82.77, 80% Lld Municipal Tax Dist 4/2; Curtis Bilbrey, $178.85, Reimburse Expenses Related To; Cwd, $749.51, Gloves, Storage Bgs, Container; Dollar General -Regions 410526, $166.05, Lysol Cleaner; Factory Direct Chemicals, $899.99, 55 Gal Drum Industrial Vinegar; Fall River Auto, $277.18, Ignition Wires, 8 Spark Plugs,; Fall River County Herald Star, $2,325.39, 2019 Drinking Water Report; Fisher Beverage, $567.70, 14 Cs, 2 6Pk Btl; Floyd’s Truck Center, $135.00, Cert Label, Gvw Sticker; Grimms Pump Service, Inc., $101.75, 5 Packing Graphite; Hylle Shaun, $178.85, Reimburse Expenses Related Cd; John Deere Financial, $635.00, 2017 John Deere 35Hd18 Excavat; John Jarding, $62.46, Revenues Collected - Payment P; Lynns Dakotamart, $55.64, Chips, Buns, Rolls; M. G. Oil Company, $2,826.07, Gas/Diesel; Midcontinent Testing Laboratory, $80.00, April 200 Water Testing; Nikki Cunningham, $50.00, 2 Lg Animal Traps; Northwest Pipe, $1,893.78, Brass Nipple; Pat Logue, $505.88, Refund Auditorium/Kitchen Room; Power House, $72.32, Ignition Coil; Quality Brands Of The Black, $503.00, 18 24Pk Cans, 5 Pk Cans, 1 12P; Rapid Delivery, $14.38, Freight Charge (Coil); Scott Sogge, $67.74, Reimbursement Dayplanner Pocke; Servall, $69.79, Mats; Simon North Region Sd, $1,696.89, Gravel, Concrete; South Dakota One Call, $76.16, April 2020 Message Fees; Specialty Cigars International, $71.00, 1 Bx (20); Sturdevants Auto Parts, $64.42, Fuel Line Assm, Tubing, Filter; Temperature Technology, Inc., $381.12, Diagnostic/Labor Hot Brook Pum; The Toro Company - Nsn, $155.00, Irrigation Controller It Suppo; Trugreen Limited Partnership, $246.75, Weed Control Lawn/Landscape; Watertronics, Llc, $199.26, Butterfly Valve, 2 Gaskets; Yesco Outdoor Media, $107.69, Share 21807N Sr79 Mm27 E/S N/F; Total: $17,442.09
Communications from the Public: Kwinn Neff-District 30 Republican House Candidate introduced himself, shared his background, and asked for support in his run for office
Val Henry-Empower Coalition, shared her concerns with the Prom event scheduled for May 30th at Chautauqua Park. Concerns include, potential alcohol & drug use, law enforcement, a hypnotist travelling from Sioux Falls, and Covid-19. Comments were heard from Councilman Lukens, Nelson and Romey, Mayor Kotti and event coordinator, Kim Moir
Wes Grimes, asked the council to rethink the action item related to the city police cars and decals. He would like to see them be more visible and patriotic. Comments were heard from Councilman Nelson and Lukens
Don Olstad also spoke to the Council about the police car markings, sharing he and his mother’s personal story and their inability to identify the vehicles as law enforcement. Mr. Olstad said the patrol cars should be highly visible adding that viability is also considered a deterrent to crime. Comments were heard from Councilman Romey and Nelson
Personnel: Moved by Ritterbush, seconded by Turner, to approve personnel items (a-b); Will Christianson, SHGC Clubhouse Attendant, $10.55/hr. effective 5/09/20, Curt Bilbrey, Class III Maintenance Operator (CDL), $16.06/hr. effective 5/4/20
Committee Reports: Committee reports were heard by; Administrative and Finance: Chairman Bob Nelson, Vice Chair Caitlin Turner- PLS mining contract-FAA and BLM conference call to determine who owns the mineral rights, Airport Mgr. position, heating problems at MCC-need to replace heat exchanger/geothermal grid-est. at $30K, 6/8/20 t 12:30 p.m. at MCC to canvass results of election, heard from KLJ regarding design construction for 10 unit t-hangar construction at HS Airport, discussed changing ordinance regarding cost for water meter testing to be actual cost incurred by City, heard presentation regarding use of Chautauqua Park for prom activities, request from maintenance dept. to bring back 1 PT emp. Next mtg. 6/8, 1 p.m. at MCC. Airport Advisory Committee: Bill Lukens- next mtg. 5/28, 8 a.m. at Airport. Custer/Fall River Regional Waste Management District: Ron Richards, election of officers deferred, credit card payment option considered, reviewed engineering for stage 2 area for new cell, reviewed annual water testing report-good, DENR financial assurance funds to be accessible for site closings. Next mtg. 7/9, 7 p.m. at MCC Downtown Historic Preservation Commission: Craig Romey last meeting cancelled, do need to meet to discuss ordinance revisions. Next mtg. 6/3, 5 p.m. at MCC Evans Plunge Advisory Committee: Alison Ritterbush, discussed re-opening concerns and strategies, original target date of 5/25 no longer being considered, barriers include the nature of our water (minimally treated mineral water) and staffing coverage and health concerns. Next mtg. 6/11, Noon at EPMS Parks, Recreation, Beautification and Cultural Development: Dave Burris- reviewed ongoing park repairs, discussed softball fencing and needed fill dirt at the ballfields. Next mtg. 6/3, 1 p.m. at MCC Planning and Zoning Commission: Alison Ritterbush-Next mtg. 5/20, 7 p.m. at MCC Public Safety: Bill Lukens- next mtg. 5/20, 1p.m. at MCC. Public Works: Chairman Bob Nelson, Vice Chair Ray Ecoffey- discussing potential for radio read water meters, mobile food truck discussions continuing, Evans St. ordinance violations. Next mtg. 5/26, 1 p.m. at MCC Southern Hills Economic Development: Caitlin Turner-Next mtg. 7/17 time and place TBD Southern Hills Golf Course Advisory Committee: George Kotti- plans to aerate the greens starting next week, weather dependent. Volunteer Fire Department: Ron Richards- Next mtg. 6/9, 7 p.m. at HSVFD. The public is welcome to attend committee meetings.
Ordinances: Moved by Nelson, seconded by Ritterbush, to approve secong reading of Ordinance 1213: An Ordinance providing for the amendment and revision of the Fine and Bond Schedule for the City of Hot Springs, South Dakota ordinance violations. A roll call vote was taken; Ecoffey, Burris, Lukens, Nelson, Richards, Ritterbush, Romey and Turner voted in favor
AN ORDINANCE PROVIDING FOR THE AMENDMENT AND REVISION OF THE FINE AND BOND SCHEDULE FOR THE CITY OF HOT SPRINGS, SOUTH DAKOTA ORDINANCE VIOLATIONS
WHEREAS, the City of Hot Springs pursuant to SDCL §9-19-3 may amend and revise ordinances as may be necessary; and
WHEREAS, the City of Hot Springs has previously adopted Ordinance 1173 for a Fine and Bond Schedule for ordinance violations within the Municipality of the City of Hot Springs, South Dakota; and
WHEREAS, the City of Hot Springs has previously adopted Ordinances 1190 & 1211 amending the Fine and Bond Schedule; and
WHEREAS, the City of Hot Springs adopted Ordinance 1207, which prohibits the possession, use or consumption of all alcoholic beverages in the Brookside Park; and
WHEREAS, in 2019 the City of Hot Springs re-codified all city ordinances with American Legal Publishing and now deems it necessary, for the purpose of clarifying its ordinances and fine and bond schedule to replace Ordinance 1173 in order to include all new references to the recently codified municipal code and combine all amendments, to date in, one schedule.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, SOUTH DAKOTA, FALL RIVER COUNTY that the city hereby adopts the attached fine and bond schedule, contingent upon the adoption of the 7th circuit Court:
STATE OF SOUTH DAKOTA )IN CIRCUIT COURT
COUNTY OF FALL RIVER )SEVENTH JUDICIAL CIRCUIT
FINE/BOND SCHEDULE FOR HOT SPRINGS, SD
MUNICIPAL ORDINANCE VIOLATIONS
June _____, 2020
Comes now the Presiding Judge of the Seventh Judicial Circuit and makes the following order, superseding all previous such orders and authorizes lay magistrates to fix bond, take fines, or take personal recognizance for Hot Springs Municipal violations as follows:
Municipal Violation Fine Costs Total & Bond
111.01(B)(1) Sale or transport alcohol in violation of ordinances $54 $66 $120/P.R.
111.02(B)(2) Sale of alcohol without a license $54 $66 $120/P.R.
111.02(B)(3) Bottle Clubs Prohibited $54 $66 $120/P.R.
111.02(B)(4) Consumption of Alcohol in Public $54 $66 $120/P.R.
111.02(B)(5 Exceeding Hours of Authorized Consumption $54 $66 $120/P.R.
111.02(B)(6) Open Container $54 $66 $120/P.R.
93.06 Fireworks $54 $66 $120/P.R.
93.06(B) Prohibited Use of Fireworks $500 $66 $566/P.R.
130.02 Begging or Solicitation $54 $66 $120/P.R.
130.03 Discharging Weapons $54 $66 $120/P.R.
130.04 Interference with Barricades and Fences $54 $66 $120/P.R.
130.06 Curfew Violation $54 $66 $120/P.R.
130.07 Abandoned Vehicle or Property $54 $66 $120/P.R.
92.04 Littering in Park or Recreation Area $54 $66 $120/P.R.
92.05 Discharging Weapon in Park or Recreation Area $54 $66 $120/P.R.
92.06 Throwing Stone or Missile in Park or Rec. Area $54 $66 $120/P.R.
92.07 Improper Use of Sound Producing Device in Park
or Recreation Area $54 $66 $120/P.R.
92.08 Improper Personal Conduct in Park or Rec. Area $54 $66 $120/P.R.
92.09 Build or Maintain Fire in Park or Recreation Area $54 $66 $120/P.R.
92.10 Damage or Removal of Property or Natural Features in Park
or Recreation Area $54 $66 $120/P.R.
92.11 Building Sign or Barrier in Park or Recreation Area $54 $66 $120/P.R.
92.12 Consumption of distilled spirits or use of glass containers
in Park or Recreation Area $54 $66 $120/P.R.
92.13 Operating Vehicle in Park or Recreation Area $54 $66 $120/P.R.
92.14 Parking in Park or Recreation Area without Utilizing the
Park or Recreation Facility $54 $66 $120/P.R.
92.15 Selling or Trading Merchandise or Operating Concession in
Park or Recreation Area $54 $66 $120/P.R.
92.16 Enter or Remain in Park or Recreation Area
Outside Hours of Operation $54 $66 $120/P.R.
92.17 Animals Restricted $54 $66 $120/P.R.
92.18 Pyrotechnics $54 $66 $120/P.R.
92.19 Launching Hot Air Balloon or Hobby Rocket in Park
or Recreation Area $54 $66 $120/P.R.
92.20 Entering Locked or Closed Park or Recreation Area $54 $66 $120/P.R.
92.21 Camping in Park or Recreation Area $54 $66 $120/P.R.
92.22 Tobacco Use in Prohibited Areas $54 $66 $120/P.R.
92.23 Hunting or Trapping in Park or Recreation Area $54 $66 $120/P.R.
70.03(B) Disobeying Order of Law Enforcement $54 $66 $120/P.R.
70.03(D) Failure to Yield to Emergency Vehicle $54 $66 $120/P.R.
70.04(A) Failure to Obey Traffic Control Devices
(Traffic Lights, Stop Signs, etc.) $54 $66 $120/P.R.
70.04(C) Unauthorized Traffic Sign $54 $66 $120/P.R.
70.04(D) Removal of Traffic Sign $54 $66 $120/P.R.
70.05 Driving on Play Streets $54 $66 $120/P.R.
70.05 Speeding (1-5 mph over) $19 $66 $85/P.R.
70.05 Speeding (6-10 mph over) $39 $66 $105/P.R.
70.05 Speeding (11-15 mph over) $59 $66 $125/P.R.
70.06(A)&(C) Turn or Signage Violation $54 $66 $120/P.R.
70.06(D) Illegal U-turn $54 $66 $120/P.R.
70.06(F) Failure to Yield in Alley $54 $66 $120/P.R.
70.06(G) Failure to Stop When Traffic Obstructed $54 $66 $120/P.R.
70.07(A) Driving Through Procession $54 $66 $120/P.R.
70.07(B) Driving or Parking on Sidewalk $54 $66 $120/P.R.
70.07(C) Violation of pedestrian’s right-of-way $54 $66 $120/P.R.
70.08(D) Parking Violation $31.50 $66 $97.50/P.R.
70.12(A) Helmet for Minor $54 $66 $120/P.R.
Any city ordinance not itemized above shall be treated in the same manner as a Class 2 misdemeanor, except that no violation of a city ordinance shall contemplate the possibility of a jail sentence.
The fines above itemized are only binding upon cases where a power of attorney is issued by the officer and/or when the appearance is made before a lay magistrate. State statutes provide that magistrate judges or circuit judges are not bound by this schedule.
This schedule shall be effective on the 17th day of June 2020 and shall continue in effect until further order of the Court.
Dated this day of, , 2020.
By The Court:
Honorable Craig A. Pfeifle
Circuit Court Judge
Clerk of Courts
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
First reading: 5-4-2020
Second reading: 5-18-20
Resolution: Moved by Lukens, seconded by Burris, to approve Resolution 2020-16: A Resolution to authorize and request from the SD Dept. of Transportation grant program funds for a bridge replacement project for structure no. 24290029, AKA Minnekahta Bridge. Estimated cost of project including engineering is $1,150,000.00. If awarded, federal share 81.95%, local share 18.05% or $207,575. Comments were heard from Councilman Nelson, Romey, Lukens and Ritterbush. A roll call vote was taken; Burris, Lukens, Richards and Turner voted in favor, Ecoffey, Nelson, Ritterbush and Romey opposed. Mayor Kotti voted in favor of the resolution, breaking the tie. Action was challenged by Councilman Romey-motion carried
Executive Session: Moved by Romey, seconded by Turner, to go into executive session under SDCL 1-25-2 (1) Personnel at 7:58 p.m., Mayor Kotti, City Administrator Gregory, Finance Officer Summers-Walton and Councilmembers Burris, Ecoffey, Lukens, Nelson, Richards, Ritterbush, Romey and Turner were present. At 8:19 p.m., all present exited the executive session and the meeting resumed
New Business: Moved by Lukens, seconded by Burris, to NOT advertise the upcoming Airport Manager position and follow a proposed plan to hire from within for the position with a 30 day FT Airport Manager overlap beginning 7/28/20 and ending on 8/28/2020. A roll call vote was taken; Burris, Ecoffey, Lukens, Richards and Ritterbush voted in favor, Nelson, Romey and Turner opposed, motion carried
Moved by Nelson, seconded by Ritterbush, to approve and authorize the Mayor to sign the Jennings Bridge structure replacement, approach grading, curb & gutter, asphalt pavement & incidentals construction contract (agreement form) between the City of Hot Springs and Dietzler Construction Corp. for a contract price of $1,389,998.09. Project #BRO 8024(00)18-1, PCN 06VF
Moved by Turner, seconded by Burris, to authorize the Chief of Police to establish a standardized police department vehicle color and marking scheme with concurrence by the Public Safety Committee. Retrofitting of pre-2019 vehicles to be done as allowed by the budget. Comments were heard from Councilman Romey, Nelson, Ecoffey and Lukens and Councilwoman Turner. A roll call vote was taken; Burris, Lukens, Nelson, Richards, Ritterbush and Turner voted in favor, Ecoffey and Romey opposed, motion carried
Moved by Lukens, seconded by Nelson, to set a public hearing on 6/1/20 at 7:10 p.m. for a retail on-off sale malt beverage & SD farm wine license application from Good Karma Couture LLC DBA Mornin’ Sunshine to be used at 509 N. River St. Burris abstained
Moved by Ritterbush, seconded by Romey, to renew the following 2020-2021 Malt Beverage Licenses; American Legion Post #71, Big Bats LLC, Big Time Pizza, BH Pizza Hut, Buffalo Dreamer Restaurant LLC, China Buffet Inc. CS Inc. DBA Winners Circle, Dakotamart Inc DBA Dakotamart Convenience, Dolgen Midwest LLC DBA Dollar General Store, G2 Lawn Svc DBA The Vault, Frankie’s Place LLC, MG Oil Company DBA Corner Pantry #11A & 11B, Sancho’s Bar & Grill, Southern Hills Golf Course, Springs Steakhouse and Woolly’s Western Grill
Finance Officer Report: Reviewed April YTD financial reports highlighting profit and loss in the 212, 213 and 621 funds and the 602 CD maturing on 6/30/20. Audit readout scheduled for 6/15 mtg. detailed review to begin at 6pm, abbreviated review done during regular mtg. Reviewed request by Mayor Kotti to project future sales tax revenue losses and highlighted current analysis; general sales tax up 3.5% over last year and gross receipts tax up 2.1%. Other revenues reviewed included; recreation, library, MCC, SHGC & EPMS. 2021 budget planning and a mid-year review of 2020 is being planned for late July. Reminder of upcoming election and deadlines and encouraged absentee/early voting. Provided a review of identified but not completed ordinance revisions and upcoming trainings and workshops available through SDML.
City Administrator Report: Provided an update of the SD-DOT Joint Powers Agreement (#1) Transfer Segment that was accepted by the SD Transportation Commission for the $2.8M funding. Briefed council of on-going discussions with the SD-DOT Joint Powers Agreement (#2) – Concerning Highway Construction which is due on/before May 28th. Described the current SD-DOT improvements work on University Ave. Updated council on Jennings Bridge replacement project timeline and future Federal Aid funding possibilities for Minnekahta Bridge replacement. Provided an overview of the Streets, Maintenance, Parks and Cemetery Dept. activities including, mowing and roadway maintenance at the parks and cemetery; and the invasive, noxious weed control that is needed. Described seasonal activities and the FAA funding mechanisms being considered at the Airport. Presented some grant opportunities for the Fall River Channel public access improvements. Briefed council on COHS re-opening considerations for various departments. Reminded everyone that Free-Dump week is scheduled for the first week of June.
Mayor Report: Mayor Kotti reported the South Dakota Transportation Commission voted 9-0 to accept the jurisdictional transfer that would give $2.8M to construct a suspended sidewalk along N. River Street. The city would accept one mile of US 18, with the exclusion that the DOT would maintain the bridges along the transfer route, also known as University Ave. As a result the Council will have to approve a contract agreement with ISG so that project design can commence as soon as possible. In addition, the Joint Powers agreement for construction that also includes the utilities portion of the highway construction project needs approval. Mayor noted that members of Evans Plunge are requesting that the facility open to members only and this request was referred to the Plunge Advisory Committee. In a conference call with the Governor, the Mayor noted that the $1.25B COVID 19 relief package received by the State has strict spending restrictions that limit expenditures to communities to actual documented expenses. In an attempt to relieve the burden caused by loss of sales tax revenue the lost revenue due to the closure of facilities such as Evans Plunge, the Mayor tasked the Finance Officer to draft a letter to the South Dakota Congressional Delegation requesting that the funds could also be used for revenue replacement for revenues lost due to pandemic closures.
Being no further business to come before the Council, moved by Nelson, seconded by Ritterbush, to adjourn at 8:56 p.m.
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $330.24
Published: May 28, 2020